K K SASIDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners were licensees of toddy shop Nos. 117 to 177 of Ettumanoor excise range in Kottayam division for the year 1999-2000. The petitioners obtained Ext. P1 permit for transportation of toddy from Chittur to Ettumanoor. On 12/05/1999 a mini lorry containing the toddy transported by the petitioners was seized by the Excise Officers since the lorry contained toddy in excess of the quantity permitted by Ext. P1 permit. Crime No. 2/99 was registered against the petitioners under S.55(a) and 56(b) of the Abkari Act, 1077, as per Ext. P2 by the Excise Inspector, Tripunithura. A mahazar Ext. P3 was also prepared. The petitioners are challenging Ext. P2 occurrence report to the extent it includes an offence under S.55(a) also. According to the petitioners, transportation of toddy in excess of permit, even if proved to be correct would only amount to violation of the permit conditions, which would not attract an offence under S.55(a) of the Abkari Act and, therefore, Ext. P2 to the extent it includes an offence under S.55(a) also is liable to be quashed.

(2.) The contention of the learned Government Pleader is that whether an offence under S.55(a) is also attracted in such circumstances is a matter which the petitioners have to raise before the Criminal Court, before which the matter is pending. Therefore, the learned Government Pleader submits that petitioners should be relegated to the Criminal Court to prove their case by adducing evidence in support of the same.

(3.) I have considered arguments on both sides in detail.